TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application made 23 days’ late – applicant asserted representative error reason for delay – M N Robinson considered – found applicant’s conduct did not support a finding of representative error – Nulty considered – no exceptional circumstances found – extension not granted – application dismissed – order issued. Lenehan v South West Healthcare t/a South West Healthcare Warrnambool.
January 18, 2016
TERMINATION OF EMPLOYMENT – Small Business Fair Dismissal Code – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – small business – alleged poor work performance and attitude – valid reason for dismissal – no warning given – code not followed – almost complete absence of procedural fairness – dismissal unjust and unreasonable – compensation awarded. Brodie v Lakman Fernando Investments P/L/ t/a Burra Medical Centre.
January 18, 2016
TERMINATION OF EMPLOYMENT – other termination proceedings – s.394 Fair Work Act 2009 – continuity of service – dismissal application already determined – dismissal deemed unfair, applicant reinstated – Commission ordered continuity of service – parties sort clarification about effect of order relating to continuity of service – Commission determined applicant to be treated as if he had worked during particular period, continuing to accrue leave entitlements and paid superannuation for income received. Payne v Lower North Shore Community Transport Inc t/a Lower North Shore Community Transport.
January 18, 2016
A man accused of pretending to be a nurse and treating more than 160 people in a remote Queensland indigenous community has been ordered to stand trial. Northern Territory man Nicholas Crawford is facing 115 charges after allegedly using a fake ID to get a job at a clinic in Aurukun, in Cape York, last year. The 31-year-old appeared in the Cairns Magistrate Court via video link today but opted not to enter pleas or say anything about the charges.
January 18, 2016
ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application to deal with dispute – issue related to the operation of clauses regarding rosters and ‘Grey Days’ in the Royal Flying Doctor Service Central Operations Pilots Agreement 2014 [the agreement] – whether employer can change a rostered ‘Grey Day’ where an employee takes personal leave the preceding day – Australasian Meat Industry Employees Union v Golden Cockeral P/L applied – common objective intention determined from the terms of the instrument when read in context – Commission found employer can change a rostered ‘Grey Day’ in the circumstances although unsure what basis the employer had to change this to a personal leave day specifically – basis of employer’s decision not clear given the evidence, Commission not called upon to determine that issue – order not issued but liberty granted to parties to seek order. Field v Royal Flying Doctor Services of Australia Central Operations.
January 18, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for extension of time for lodgement of application – reasons for decision – application lodged 35 days late – reason for delay not exceptional – applicant did not take any action to dispute dismissal aside from filing application – no prejudice to employer – Commission not required to embark on a detailed consideration of the substantive case [Kornicki] – not satisfied there was exceptional circumstances – application for extension of time refused – jurisdictional objection upheld – application dismissed – order has been previously issued. Fleming v Superior Park P/L t/a Superior Park.
January 18, 2016
TERMINATION OF EMPLOYMENT – remedy – s.394 Fair Work Act 2009 – in initial decision Commission found applicant unfairly dismissed [[2015] FWC 8145] – ordered reinstatement and continuity of employment to be maintained – no order for restoration of lost pay – applicant made application regarding the issue of lost pay in response to liberty granted to parties in initial decision – applicant submitted that payment made on termination compensated him through until 17 November 2015 – not reinstated until 14 December 2015 – submitted order should be made that respondent pay applicant lost pay in the amount of $4203.06 – respondent did not dispute regarding the calculation of lost pay – orders corrected such that respondent ordered to pay $4203.06 as lost pay to applicant within 21 days of this supplementary decision. Payne v Lower North Shore Community Transport Inc T/A Lower North Shore Community Transport.
January 18, 2016
GENERAL PROTECTIONS – extension of time – ss.365, 366 fair Work Act 2009 – application to deal with contraventions involving dismissal – application lodged four days outside 21 day time period – Commission to determine whether exceptional circumstances exist before granting extension of time – applicant was delayed in making application due to effect of medication she was taking for her medical condition and having difficulty obtaining legal advice – application is some 160 page long – Commission determined delay in making application was mainly a consequence of preparing the lengthy application – no evidence the application disputed the dismissal – prejudice to employer a neutral factor – merits of application do not give weight to the existence of exceptional circumstances – Commission not satisfied exceptional circumstances exist to warrant granting an extension of time to file application – application dismissed. Downie v Naladra P/L t/a Park Road Medical & Cosmetics.
